Last column we discussed the requirements of asserting a violation of Title VII of the 1964 Civil Rights Act that gives an employee who is the target of sexual harassment the right to bring an EEOC claim against their employer. The problem that usually comes up is what do you do if your employer is a sole proprietorship or a small business with less than 15 employees. Are you out of luck? Not necessarily.
What can you do if you are the target of unwanted sexual advances or groping by your employer and you work for a sole proprietor or a small business? These businesses do not fall within the jurisdiction of the federal or state EEOC administrative agencies that pursue EEOC sexual harassment claims against employers who have 15 or more full-time employees. I receive several calls a month primarily from women who have been groped by their boss or assistant boss at small businesses or sole proprietorships.
There are very few personal injury tort (“tort” means wrongful conduct) attorneys in Texas who understand that any Texas employee who is the victim of an assault (improper touching, groping, or sexual assault) has the absolute legal right to sue the perpetrator. If the owner of the company (doctor, lawyer, realtor, banker, business, etc.) is the one doing the wrongful conduct and has groped or molested you, you have the legal right to sue him or her for a civil assault.
At my law firm, we pursue egregious sexual harassment cases against individual employers, business owners, and high-level supervisors using English common law. These claims include prohibiting unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment. In cases that involve groping, touching, or outrageous, intentional lewd conduct, we pursue these predators using Texas statutes and causes of action recognized by Texas appellate courts (case law).
Here's a question I hear a lot from prospective clients, “Do I have to use my real name if we file a lawsuit?” The answer is, “no.” In many cases, when we file lawsuits involving perpetrators for sexual assaults, we use using a pseudonym, such as “Jane Doe” instead of using the client’s real name, to protect their identity.
Another question we hear a lot is, “Do I have any right to sue the man who is groping me at work, my employer? I passed the EEOC time deadlines.” The answer is “In most cases, YES!” In Texas, you have the legal right to sue the individual (not employer) who is groping, molesting, assaulting, or harassing you. We have a two-year statute of limitations to file suit against a defendant who has committed an assault (offensive touching or groping) or who is causing you to suffer extreme intentional emotional distress.
Even if Your Employer is not Subject to the EEOC
You May Still Have a Claim - Part II
Kevin R. Madison
Texas Women’s Law Attorney©
Legal Advice for Victims of: Sexual Harassment, Sexual Exploitation, Sexual Assault, and Domestic Violence